No two divorces are the same, and some are much more complex to navigate than others. The timeline for a divorce in Arizona depends on several factors, including the complexity of the case, whether there are children involved, and whether the divorce is contested. However, the Arizona divorce process generally follows a structured timeline that can give divorcing spouses a clear idea of what to expect. Below is a step-by-step breakdown of the divorce process in Arizona, along with key milestones and factors that can affect the timeline.
The divorce process begins with the petitioner—the spouse seeking the divorce—filing a Petition for Dissolution of Marriage with the court. Arizona law requires at least one spouse to have lived in the state for 90 or more days to meet the residency requirement for filing. At this stage, the petitioner can also request temporary orders for issues such as:
These temporary orders provide immediate relief and structure while the divorce is pending.
After the divorce petition is filed, the petitioner must ensure the respondent (the other spouse) is officially notified by serving the divorce papers. This process, called “service of process,” ensures the respondent is aware of the divorce proceedings.
Under Arizona law, the petition must be served within 120 days of filing. Common methods of service include:
It’s important to follow the correct method to ensure the service is valid, as failure to properly serve the petition could delay the divorce process.
The respondent has 20 days to respond to the petition if they live in Arizona, or 30 days if they live out of state. If the respondent fails to respond within the required timeframe, the court may issue a default judgment, finalizing the divorce without their input.
Arizona law, under A.R.S. § 25-329, mandates a 60-day waiting period after the respondent is served before the court can finalize the divorce. This “cooling-off period” allows both parties time to consider reconciliation or explore options such as mediation. During this time, either spouse can request temporary orders or preliminary injunctions to address urgent matters like custody or support.
If both spouses agree on all terms—such as property division, child custody, and support—the divorce is considered uncontested. After agreeing, they can file a consent decree 60 days after the divorce petition is served. The court will typically schedule a hearing soon after, and if everything is in order, the divorce can be finalized quickly. In most cases, the process takes around 90 to 120 days from the initial filing.
Once the consent decree is filed, it shows that all issues, including alimony, custody, and asset division, have been agreed upon. This filing can speed up the divorce process, potentially even before the first court date. However, if either spouse contests any term, the divorce is no longer uncontested, and the timeline for resolution may be extended.
For contested divorces, where spouses cannot agree on one or more terms, the process becomes more complex and time-consuming. After the cooling-off period, the divorce proceeds to the discovery phase.
During discovery, both parties must disclose financial information, including:
Both sides can request additional information through interrogatories, depositions, and subpoenas. This phase ensures that each party has the necessary details to negotiate a fair settlement.
During or after discovery, spouses may attempt to resolve disputes through alternative methods, such as:
A neutral third party helps the spouses reach a mutually agreeable settlement, avoiding the need for a trial.
In some cases, a judge may facilitate a settlement conference to help both parties resolve outstanding issues. If no agreement can be reached, the divorce proceeds to trial.
For contested divorces that cannot be resolved through mediation or settlement, the court schedules a trial. Both spouses and their attorneys present their cases before a judge, addressing issues such as:
The trial process can take several months or even years, depending on the complexity of the case and the court’s schedule.
At the final hearing, the judge reviews all evidence and testimonies before issuing a divorce decree. This document finalizes the dissolution of marriage and outlines the terms of the divorce, including:
Once the decree is issued, the divorce is legally binding unless one party files an appeal.
Several factors can influence how long it takes to finalize a divorce in Arizona:
Longer marriages may involve more complex property division, potentially extending the timeline.
Divorces involving children require additional considerations for custody, visitation, and support, which can add time to the process.
The more assets and debts a couple has, the longer it may take to reach an agreement or receive a court ruling.
Contested divorces often take significantly longer than uncontested ones due to additional legal proceedings and negotiations.
If you’re navigating a divorce in Arizona, consider taking the following steps to protect your interests:
Navigating the divorce process can be challenging, but you don’t have to do it alone. Whether you need help filing for divorce, requesting temporary orders, or preparing for trial, an experienced Chandler divorce attorney can guide you every step of the way. Contact us today to schedule a consultation and learn more about how we can help.
